Medium severity of harm to health punishment

Causing harm to health of moderate severity: features of the crime and punishment for it

The greatest value of every person is his health. Any actions of third parties that lead to temporary loss of ability to work are punishable by law. No one has the right to cause any injury or injury to a person with impunity, with or without cause.

And today we will consider the intentional infliction of moderate harm to health as a crime, its composition and penalties for the crime.

Features of the crime

Infliction of harm of moderate severity is any intentional action or inaction of the accused, which resulted in temporary mental disorders or loss of ability to work for a period of more than three weeks. Harm of moderate severity is dislocation of joints, fractures or cracks of small bones of a person; loss of fingers or toes is also a injury of moderate severity.

A person who intentionally or unintentionally committed an action that caused harm to the health of the victim is subject to punishment. This person is the subject of a crime; if he is 14 years old, he will not be able to avoid punishment.

The following video contains advice from a well-known lawyer on the issue of qualifying an act as intentional infliction of harm to health of moderate severity:

Qualification criteria

Only a forensic medical expert can determine the severity of a crime. What features characterize this degree of damage, allowing for classification of the disorder?

Severe harm to health is excluded;
There is a long-term disruption of a person’s normal functioning, the disorder is reflected in a long duration;
A person's normal working capacity is reduced by less than 1/3.

Corpus delicti

When qualifying a crime, it is very difficult to unambiguously determine whether it was intentional or committed unintentionally. When considering such crimes, the subject and object of the crime must be indicated. The subject is a person who had the intent to cause harm to human health, which is what actually happened. The injured citizen is the object of the crime.

To open a case, it is necessary to have evidence that the subject had the intent to harm the health of the victim. Intent can be direct or indirect.

With the direct, everything is clear - these are human actions that were performed in a normal mental and psychological state, when the subject clearly understood what he was doing and what awaited him subsequently.
Indirect intent is a violation of the law that was committed by a person who understands what he is doing, but at the same time he did not want and did not intend to harm the health of the victim.

The crime can be fully characterized by the following facts:

The subject of the crime committed the action;
The actions of the perpetrator led to certain consequences, disruption of human health;
Disorders fall under the classification of moderate severity.

Types of acts and related legislation

A crime that resulted in harm of moderate severity will certainly be punished. Punishment is provided for in Article 112 of the Criminal Code of the Russian Federation. This article describes signs of violation of the law:

As a result of the actions of the accused, 2 or more people were injured;
If the actions of the accused can be characterized as hooliganism;
The offender(s) used a weapon;
The actions were committed by several citizens by prior conspiracy;
The harm was done in a mocking manner;
If the person who was harmed was helpless and could not provide adequate resistance to the attackers;
When attacks are committed on a person who is at the workplace and fulfills his official duties.

If the crime is accompanied by at least one of these facts, it is classified as aggravating circumstances.

Read on to find out what punishment and liability for causing moderate harm to health are provided for in the articles of the Criminal Code of the Russian Federation.

Punishment and responsibility

A person who acts as the culprit of a crime will certainly be punished if his age has reached the 14-year threshold. Criminal, administrative or financial liability may be provided for the act. Sentencing is influenced by the type of intent and consequences. What measures can be taken against the perpetrator of the crime?

A person can be sent for forced labor; this practice is quite common and the maximum period of service can be 3 years. In some cases, freedom of movement may be limited; the longest period for this is within 3 years. The second part of Article 112 of the Criminal Code also states that the term of imprisonment can be increased in some cases to 5 years.

Please note that unintentional infliction of moderate harm to health presupposes different standards of liability under articles of legislation.

Compensation for harm to health of moderate severity

Victims have the right to compensation for moral as well as material damage that arose as a result of the actions (inactions) of the accused. In this case, the victim must file a claim with the court.

Such compensation may cover the financial component of a hospital stay and medical expenses.

In the case where harm of moderate severity was caused as a result of an accident, there are specific features regarding compensation, which a specialist will talk about in the following video:

Arbitrage practice

Example 1. Citizen Kuznetsov met his friend Ivanov, who was drunk. The second one was jealous of his wife and hit Kuznetsov in the face, but due to ice he slipped, and at that moment received a retaliatory blow, as a result of which he fell and broke his arm. At the same time, Kuznetsov could have foreseen that the drunken Ivanov might not be able to resist, but still struck him back. Kuznetsov's actions were determined to cause harm of moderate severity. It was decided to impose a sentence of forced labor for a period of 1 year.

Example 2. An accident occurred on the Kharkov-Moscow highway, the culprit of the incident caused moderate harm to those in the car. The driver's hand was broken, and the passenger suffered minor bruises. The culprit of the accident suffered administrative liability - he was ordered to pay compensation to the victims in the amount of 25 thousand rubles.

Article 112 of the Criminal Code of the Russian Federation - harm to health of moderate severity, long-term health disorder, significant permanent loss of general ability to work. Comments of the Federal Judge / MIP Law Group

Causing moderate harm to health

The crime under Part 1 of Art. 112 of the Criminal Code of the Russian Federation, infringes on the health of another person.

Harm caused to human health is understood as a violation of the anatomical integrity and physiological function of human organs and tissues as a result of exposure to physical, chemical, biological and mental environmental factors.

Signs of moderate health harm

Signs of moderate severity of harm to health are, firstly, the absence of danger to life at the time of infliction (that is, harm to health is caused that is not life-threatening) and the consequences specified in Art. 111 of the Criminal Code of the Russian Federation (provides for liability for intentional infliction of grievous bodily harm). Signs of serious harm to health are listed in the disposition of Part 1 of Art. 111 of the Criminal Code of the Russian Federation.

However, secondly, a sign of causing moderate harm to health is a long-term health disorder (that is, temporary loss of ability to work lasting more than 3 weeks (more than 21 days) or a significant permanent loss of general ability to work by less than one third (the latter sign, consisting of loss of general ability to work is established by a forensic medical examination.) Thirdly, a sign of causing moderate harm to health may be a persistent loss of general ability to work from 10% to 30%, which is also established by a forensic medical examination.

Corpus delicti

This crime is characterized by a deliberate form of guilt and can be committed with both direct and indirect intent. A crime is recognized as committed with direct intent if the person who committed it was aware of the social danger of his actions (inactions), foresaw the possibility or inevitability of socially dangerous consequences and desired their occurrence (Part 1 of Article 25 of the Criminal Code of the Russian Federation). A crime is considered committed with indirect intent if the person who committed it was aware of the social danger of his actions (inactions), foresaw the possibility or inevitability of socially dangerous consequences, did not want, but consciously allowed these consequences or was indifferent to them (Part 2 of Article 25 Criminal Code of the Russian Federation).

The qualified elements of this crime contain the signs that were disclosed in Part 2 of Art. 105 of the Criminal Code.

Responsibility and punishment

Responsibility for a crime under Art. 112 of the Criminal Code of the Russian Federation, begins at the age of 14.

The crime provided for in Part 1 of Art. 112 of the Criminal Code of the Russian Federation, restriction of freedom for a term of up to three years, or forced labor for a term of up to three years, or arrest for a term of up to six months, or imprisonment for a term of up to three years.

Since this crime belongs to the category of minor gravity, only a person who has previously been convicted or committed a crime during the period of parole can receive a real sentence for its commission.

As a rule, courts impose punishment in the form of restriction of freedom or suspended imprisonment.

Let's give an example. D. was drinking alcohol with a previously unknown V. in the park. A quarrel occurred between them, during which D. approached the victim and struck him several times on the head, causing V. to fall. Approaching him again, D. again began to strike multiple blows. After the victim lost consciousness, D. ran away. According to the conclusion of the forensic medical examination, the victim was diagnosed with: bruises of the scalp, concussion, bruises of the soft tissues of the neck. Taken together, they are qualified as causing harm to health of moderate severity on the basis of a long-term health disorder.

Taking into account the great public danger of qualified types of crimes associated with causing harm to health, and in particular – causing harm to health of moderate severity, the legislator provides for only one type of punishment under Part 2 of Article 112 of the Criminal Code of the Russian Federation - imprisonment for a term of up to 5 years.

Part 2 of the article refers to crimes of medium gravity. When assigning punishment, courts take into account many circumstances, including what specific qualifying feature is imputed to the perpetrator, as well as the very circumstances of the crime committed.

Causing moderate harm to health through negligence

Previously, liability for this act was provided for in Part 3 and Part 4 of Article 118 of the Criminal Code of the Russian Federation. With the adoption of Federal Law No. 162-FZ of December 8, 2003, these parts became invalid. Thus, at present, causing moderate harm to health is not criminally punishable. Depending on the circumstances, the guilty person is subject to civil liability. In any case, the injured person has the right to go to court through civil proceedings and ask for compensation for harm from the actions of the guilty person.

Causing moderate harm to health in an accident

Liability for this act is also not provided for in the current Criminal Code of the Russian Federation. If such consequences occur, the person is subject to administrative liability under Part 2 of Article 12.24 of the Administrative Code of the Russian Federation, which provides for punishment in the form of a fine or deprivation of the right to drive.

Investigation and consideration of criminal cases under Article 112 of the Criminal Code of the Russian Federation

According to the requirements of the Code of Criminal Procedure of the Russian Federation, criminal cases for crimes provided for in part one of the article are initiated by the bodies of inquiry and considered by magistrates. As for the second part of the article, which already applies to crimes of medium gravity, cases are initiated by investigators and considered by district courts at the place where the crime was committed.

Exemption from criminal liability

According to Article 112 of the Criminal Code of the Russian Federation, it is possible to be released from criminal liability in connection with reconciliation with the victim. This norm is enshrined in Article 76 of the Criminal Code of the Russian Federation.

As judicial practice shows, termination of a criminal case for a crime under Article 112 of the Criminal Code of the Russian Federation, subject to reconciliation of the parties (Article 25 of the Criminal Procedure Code of the Russian Federation) is a right, not an obligation of the court. When making a decision to terminate a criminal case in connection with the reconciliation of the person who committed the crime with the victim, the court must comprehensively examine the nature and degree of public danger of the crime, information about the identity of the defendant, other circumstances of the case (whether the person was recognized as a victim, his financial situation, whether whether there was pressure on the victim for the purpose of reconciliation, what actions were taken by the perpetrator in order to make amends for the harm caused by the crime, etc.). When making a decision, one should assess whether it corresponds to the goals and objectives of protecting the rights and legitimate interests of the individual, society and the state.

In this regard, it is also necessary to establish whether the grounds provided for in Article 76 of the Criminal Code of the Russian Federation have been met, according to which a person who has committed a crime of minor or medium gravity for the first time can be released from criminal liability if he has reconciled with the victim and made amends for the harm caused to him.

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Question answer

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Under what article of the Criminal Code of the Russian Federation can one be held criminally liable?

Good evening! On the street, a group of people caused me: a closed craniocerebral injury with a concussion, a bruised wound on the left temple, significant swelling of the left cheek, a compacted deep hematoma on the left cheek (resolved over more than two months), a contusion of the soft tissues of the head. face, chest contusion, bruises on the arms and back. leg. abrasions on the hands, etc. She was treated in the hospital for 8 days. After being discharged from the hospital, I was treated for more than two months by a neurologist, surgeon, therapist, and ophthalmologist, as the headaches continued. pain in the eye, pain in the left cheek, where there is a compacted hematoma, decreased vision, narrowed visual fields, impaired heart function, etc. That circumstance saved me from murder. that I lost consciousness from being punched on the head and left temple and showed no signs of life, as well as the appearance of my relative. At the direction of the police, I underwent a forensic medical examination, but they refused to give me a copy of the Forensic Medical Examination Report. The district police officer won't take him. Therefore, I don’t know the severity of the harm to health. How can this crime be classified, under what article can a group of persons be prosecuted?

Unfortunately, without familiarizing yourself with the case materials, in particular with the expert’s opinion, and, accordingly, without knowing the severity of the harm caused, it is not possible to judge the qualifications of the crime.

Apply to the investigator who is leading the case to familiarize yourself with the expert’s report.

This right is granted to you by the Code of Criminal Procedure of the Russian Federation.

You can contact our office for a consultation with our specialists.

or by phone +7 (495) 228-26-51

address: Moscow, Staropimenovsky lane 18

or, if you live in another city, send documents to the email address:
[email protected]

The MIP legal group will draw up all documents, complaints and statements for you using the promotional code “MIP_50%” 50 percent discount.

Hello! I did not file a crime report with the police. Has not undergone forensic examination. I just passed the forensic examination. that, accordingly, I cannot appeal to the investigator with a petition. The district police officer will not initiate a criminal case. They don’t give me a forensic medical examination report. Can I undergo an independent forensic examination myself and immediately go to court? without contacting the police?

File a crime report with the police.

The decision to conduct a court/medical examination to determine the severity of the harm will be made by the investigator himself.

The criminal case is initiated not by the local police officer, but by the investigator.

Causing harm to health of moderate severity - liability and punishment under Art. 112, 113, 114 of the Criminal Code of the Russian Federation, as well as compensation for moral damage to health

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Crimes aimed at the life and health of people always stand out. Thus, the law has provisions punishing serious, moderate or minor harm to health, as well as beatings. In addition, the degree of responsibility is influenced by the situation in which a particular act occurred.

One way or another, a criminal lawyer can understand the situation when harm to health is of moderate severity. In criminal law, physical violence against a person is the subject of a number of articles. Along with murder and other acts of force, causing bodily harm to a citizen is also punishable.

This crime also has its own gradation depending on the degree of severity and the presence of intent on the part of the person involved. In this article, we will look at moderately severe bodily injuries.

Characteristics of causing moderate harm to health

Unlike serious injuries, moderate damage does not pose a danger to human life.

However, illegal activities can cause long-term health problems (3 weeks or longer). In addition, the ability to work will suffer by at least 1/3.

The extent of liability for damage to health may be affected by:

number of victims;
occupation of the victim;
hooliganism;
use of weapons and similar items (including dummy).

Then the punishment for intentionally causing moderate harm to health will be more severe.

Liability for intentional infliction of harm to health of moderate severity

Mild harm to health, what is the punishment? In the Criminal Code of the Russian Federation, Article 112 for causing harm to health of moderate severity establishes various sanctions.

Restriction of freedom.
Forced labor.
Arrest.
Imprisonment for up to three years.

The specific punishment under Part 1 of Art. 112 of the Criminal Code of the Russian Federation determines the convicted person, based on the facts in the case. If the intentional infliction of moderate damage to health is committed with the presence of aggravating circumstances (see Part 2), then the perpetrator faces a five-year imprisonment.

Therefore, it is important to correctly determine the nature of the criminal’s actions. The intervention of a forensic medical examination can help the victim with this.

During the examination, the victim is interviewed and various studies are carried out to determine the nature of the injuries. Thanks to the results of the examination, it is possible to establish the nature of the injuries and the degree of disability.

Punishment for causing moderate harm to health: features

The crime we are considering is the subject of several articles in criminal law. Separate norms include causing moderate harm to health in a state of passion (Article 113 of the Criminal Code of the Russian Federation) or due to unacceptable self-defense (Article 114 of the Criminal Code of the Russian Federation).

Here the punishment is more lenient than for an intentional crime. For example, the maximum penalty for medium bodily injury while in a state of passion is 2 years in prison.

If the victim’s health was damaged due to excessive self-defense, then the most severe punishment for the perpetrator is 1 year in prison.

Taking into account other mitigating circumstances, the offender’s imprisonment may be replaced by correctional labor. In any case, the future fate of the person will be decided by the court, based on all the materials of the case.

Typical cases

There are several common cases where misconduct can be classified as moderate personal injury.

These are street fights, domestic conflicts, when even edged weapons can be used.

Medium bodily injuries are also common in many road accidents. However, we will present other cases below.

Moderate damage to health in a state of passion

This crime is characterized by the fact that damage to the victim is caused due to the psychological state of the potential offender.

For example, a person decided to commit a crime due to prolonged physical or psychological abuse of him.

If the state of passion is proven by the investigation and in court, then the maximum sentence that can be faced is two years in prison.

However, more lenient sentences are often imposed, involving correctional or forced labor.

Average harm to health when self-defense is exceeded

Everyone has the right to protect themselves and others from criminal attacks. However, self-defense has its limits. If they are exceeded, criminal liability may also arise.

In the case of moderate damage to health, consequences occur if the rules of self-defense were violated during the detention of a person directly involved in the crime.

In the situation under consideration, for exceeding self-defense, Art. 114 of the Criminal Code of the Russian Federation establishes the same punishment as for similar actions resulting from passion.

Causing moderate harm to health in an accident

In this case, causing damage is punishable administratively.

The Code of Administrative Offenses of the Russian Federation has a separate article (12.24), which establishes liability both in the form of a fine ranging from 10 to 25 thousand rubles, and in the form of deprivation of rights for a period of one and a half to two years.

It goes without saying that the culprit will be obliged to compensate all damage to the injured party. Read about how to do this in the article: Damage to health in an accident.

And if unintentionally

It is quite possible that the person did not want to cause bodily harm to the injured person, including moderate harm.

If the absence of intentions is reliably proven, then criminal liability for unintentional infliction of moderate harm to health can be avoided.

However, this does not exempt the person involved in the damage from compensating the victim for property damage (including compensation for treatment costs) and moral damage in the event of an accident, if any is claimed.

Compensation for moral damage

In case of any crime against oneself, the victim has the right not only to compensation for material damage caused by illegal actions, but also for moral damage.

Each victim determines the amount independently. Moral damage for moderate harm to health is no exception in this regard.

At the investigative stage, the injured party has the right to assert its “moral” claims in a civil suit. It is submitted to the investigator along with a petition to recognize the victim as a civil plaintiff.

In addition, such a claim can be filed in court even after the verdict has entered into legal force, while clause 1 of Art. 333.36 of the Tax Code of the Russian Federation, the plaintiff is exempt from paying state fees for considering the case.

When the relevant criminal case is heard in court, compensation for moral damage caused is awarded simultaneously with the sentencing. At the same time, a writ of execution is prepared.

If the initiation of a criminal case for causing bodily harm is refused, this does not deprive the injured party of the right to moral compensation.

In this case, a claim for compensation for moral damage caused to health will be considered according to the general rules of the Code of Civil Procedure.

Another thing is that you will have to collect not only evidence regarding the use of violence. It is also necessary to justify the existence of moral damage in its specific amount. Here the court may take into account the opinion of a psychologist.

Author: Tatyana Kosykh, source sud-isk.ru.

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What is the punishment for causing harm to health of moderate severity in the legislation of the Russian Federation? Measure of liability under Art. 112 of the Criminal Code of the Russian Federation

Those who are faced with the problem of moderate bodily injury on the part of the perpetrator or the victim are concerned about such a question as punishment. Russian legislation has many articles on this matter.

In this article, we will analyze in detail what kind of liability the perpetrator may face, whether it is possible to get away with one fine, and what the punishment for a person will depend on.

Law of the Russian Federation on harm to health of moderate severity

For intentional infliction of moderate harm to health, liability will follow under Article 112 of the Criminal Code of the Russian Federation.
For causing harm of moderate severity in an affective state, liability will follow under Article 113 of the Criminal Code of the Russian Federation.

Criminal Code of the Russian Federation, Article 113. Causing grievous or moderate harm to health in a state of passion

Intentional infliction of grievous or moderate harm to health, committed in a state of sudden strong emotional excitement (affect) caused by violence, mockery or grave insult on the part of the victim or other illegal or immoral actions (inaction) of the victim, as well as a long-term psychotraumatic situation that arose in connection with systematic illegal or immoral behavior of the victim, -

shall be punishable by correctional labor for a term of up to two years, or restriction of liberty for a term of up to two years, or forced labor for a term of up to two years, or imprisonment for the same term.

Criminal Code of the Russian Federation, Article 114. Causing grievous or moderate harm to health by exceeding the limits of necessary defense or by exceeding the measures necessary to detain the person who committed the crime

Intentional infliction of grievous harm to health, committed when exceeding the limits of necessary defense, is punishable by correctional labor for a term of up to one year, or restriction of freedom for a term of up to one year, or forced labor for a term of up to one year, or imprisonment for the same term.
Intentional infliction of grievous or moderate harm to health, committed in excess of the measures necessary to detain a person who has committed a crime, is punishable by correctional labor for a term of up to two years, or restriction of freedom for a term of up to two years, or forced labor for a term of up to two years, or imprisonment for the same period.

Criteria for average health harm.
Signs of moderate harm to health.

What is the punishment?

Criminal liability

Article 112 of the Criminal Code of the Russian Federation - intentional infliction of moderate harm

Responsibility for this offense begins at the age of 14 . The punishment will depend on the presence of qualifying features.

Without them, the following liability is possible:

imprisonment for up to three years;
restriction of freedom for up to three years;
forced labor for up to three years;
arrest for up to six months.

If such qualifying characteristics are present, the penalty is up to five years. Below, in the paragraph about qualifying features, we will talk about them in detail.

In a state of passion

Persons over 16 years of age must be held accountable for this offense . For such a crime the following liability is provided:

restriction of freedom for up to two years;
forced labor for up to two years;
imprisonment for up to two years;
correctional labor for up to two years.

By exceeding measures during detention

A person who has committed a crime under Article 114 of the Criminal Code of the Russian Federation may receive the following sentence:

restriction of freedom for up to two years;
correctional labor for up to two years;
forced labor for up to two years;
imprisonment for up to two years.

Causing moderate harm to health is not punishable by penalties as the main punishment , but this is possible as an additional measure. Specific amounts are not provided; their size will vary depending on the specific situation.

Other types

This includes damage caused by negligence. Since there is no such article in the Criminal Code of the Russian Federation (there is only one for serious bodily injury), the perpetrator faces payment of financial and moral damage.

To make everything clearer, here are a few examples:

example 1. Citizen P.N. Kovaleva was walking down the street in the evening and suddenly she was accosted by several hooligans who began to pester her. She began to resist, and the criminals began to beat her.

The medical facility revealed that she had a broken arm, a concussion and bruises all over her body.
Pay attention to the qualifying features (a detailed list is given below): a criminal group, an atrocity committed due to ordinary hooliganism, the victim was a minor. Based on this, we can conclude that the perpetrators face up to five years in prison. Example 2. Citizen Mironov D.I attacked his friend in an affective state. The injuries he inflicted (concussion, dislocated leg, scratches) were classified as moderate harm to health.

Since there are no aggravating features when inflicting injuries in an affective state, the perpetrator can receive a maximum sentence of up to two years.
This may be deprivation or restriction of freedom, as well as correctional or forced labor. Example 3. Policeman S.L. Pronin detained a criminal and exceeded his authority. He struck him several times in the torso area. A medical examination determined a rib fracture, i.e. a moderate injury.

There is one small nuance here: during the arrest, the measures he took (use of physical force) were not forced. This leads to the fact that S.L. Pronin faces a more serious punishment, restriction or imprisonment for up to two years, forced labor or correctional labor for up to two years.

Qualifying features

Consider intentional infliction of damage. Here the period will depend on the qualifying features:

a crime as a result of which more than 2 people were injured;
assault while performing official duties;
if the victim was a minor and could not defend herself;
a crime that was committed by force or humiliation;
a criminal group consisting of several people;
crime committed due to ordinary hooliganism;
the villain who used the weapon;
discrimination against religion or race.

Responsibility changes significantly.

Without such aggravating features, the maximum term is three years. And then, in the worst case, prison is a last resort. And with them, prison sentences can be up to five years. Causing harm to health by exceeding measures during detention depends on whether there was intent to cause the damage . If the victim was injured for the purpose of defense, then deprivation of liberty, restriction of liberty, or the award of compulsory or forced labor can only be carried out for a period of up to one year.

But if the damage was received not for the purpose of defense, but intentionally, then the punishment will be twice as large; accordingly, the court can limit freedom, deprive of freedom, or award compulsory or correctional labor for up to two years.

How to hold people accountable?

As we described above, criminal liability threatens in all cases (intentional infliction of injury, infliction of moderate harm in a state of passion, injury by exceeding measures during detention), except for injuries of moderate severity received due to negligence.

Full name, residential address, contact number, signature, date.
Information about the crime committed: time and place where it happened, the number of criminals, their actions, etc.
The purpose of the statement is to bring the perpetrator to criminal liability.

After submitting the application, an inspection will begin, a forensic medical examination will be carried out to determine the presence of harm to health and the severity.

As a result, when the case materials are processed, the investigator will issue a verdict to initiate a criminal case : a positive answer or a refusal.

Conclusion

Now you are fully familiar with the liability that is provided for committing such an offense as causing moderate bodily harm. The information provided in this article will help you be aware of this topic and avoid any misunderstandings.

If you find an error, please select a piece of text and press Ctrl+Enter .

Punishment for causing harm to health of moderate severity: what the law promises

Damaging and disabling injuries can be inflicted in a normal, everyday quarrel, turning one person into a criminal victim and another into a criminal.

According to the current criminal legislation, real liability is provided for causing harm to health of moderate severity, and this measure is regulated by Article 112 of the Criminal Code of the Russian Federation. Moderate severity has some differences from severe and mild harm to health. At the same time, it is quite difficult to bring the situation under specific criteria, especially in the absence of proper knowledge in the field of criminal law.

Moderate harm to health is a fairly common phenomenon, which is the result of fights, conflicts, and many people face such a problem.

The concept of moderate harm

Moderate bodily harm - fight

Modern criminal practice also shows that average harm to health can be caused by inaction, negligence or simple ignorance.

All these factors relate to the qualifying signs of a crime, and they should be studied in detail, which is the subject of special legal literature.

This concept is filled with deep meaning and implies harm caused to human and citizen health. Typically, the degree of such harm prevents a person from going to work and coping with the responsibilities assigned to him, and therefore incurs obvious losses.

In the Criminal Code of the Russian Federation, “medium harm to health” means harm that does not seriously undermine the foundations of a person’s life, prevents him from living and working in his usual rhythm, although it does not lead to death. An example would be a broken arm or a cut to the leg, in which soft tissue is affected and there is no threat to internal organs.

If your hand is injured, you will lose your ability to work for some time and will not be able to fully perform the actions that you did before with this hand. Naturally, such injuries cause pain and constant discomfort, and you will have to wait until everything heals.

The examples can be given endlessly, and any list will not be exhaustive, but fractures and cuts are very common occurrences. For additional information about the nature of moderate physical injuries, you should consult a physician and medical terminology.

Moderate health harm is considered to be a short-term loss of ability to work, usually for a period of several weeks, during which a person cannot perform his duties at his place of work.

In the same way, experts classify as medium harm injuries to internal organs and skin that are not life-threatening, as well as a mental disorder that a person has suffered after an unexpected encounter with a criminal. More options can be given, but in general it is clear that harm interferes with the performance of work functions.

Objective and subjective side of the crime

The degree of severity is determined by an expert doctor

It is important to understand the motivation of the personality of the criminal, who, when causing intentional harm to health of moderate severity, clearly wanted the consequences to occur.

The same can be said about unintentional harm. Therefore, this is where the subjective side of harm of moderate severity is manifested, and this is stated in the commentary to the article of the Criminal Code.

The criminal is clearly aware of the real public safety of the actions that he commits, even in cases where there is a shift of blame to extraneous reasons and attempts to prove that the person was in a state of passion. The so-called state of passion is not one of the justifications, and its absence can be easily proven by any qualified expert.

The objective side of the crime is not particularly diverse, and the infliction of bodily harm of moderate severity occurs either during the commission of certain actions, or with absolute inaction on the part of the criminal. There are many examples of inaction in modern legal practice in the field of criminal law, and all cases of such harm relate to inaction on the part of medical professionals.

Criteria for harm to human health

Determining the criteria for harm to health of moderate severity is quite simple, and in the comments to the articles of the criminal code a clear assessment is given by qualified lawyers. It is important not to confuse moderate harm with other forms of harm, since grave harm always puts the victim in a state that is dangerous to his life and can lead to death, while minor harm does not affect his ability to work and can only bring minor physical suffering.

Average harm is a kind of intermediate state that contains the characteristics of all other categories. This type of harm takes away a person’s ability to perform work duties, but at the same time does not put life in any dangerous situation, and in a fairly short time the body returns to its normal state, and the person is again ready to perform work duties.

Qualification of the crime

Moderate harm to health: road accident

The main features are explained by the presence of rich judicial practice, and qualifying average harm includes those injuries that were inflicted on a child under 14 years of age. Severe criminal penalties are imposed on those individuals who cause moderate harm to several people at once.

Another category to qualify is harm caused by differences of political opinion or by animosity resulting from other forms of difference in judgment.

Also, causing harm can be dictated by hooligan motives. Criminal legislation contains more than enough characteristics of qualification, and all of them can be found in scientific and practical comments.

Types of harm to human health

Harm is caused in various forms by actions that, although they preserve human life, make the victim temporarily incapacitated. Among these types:

In addition, today a very relevant topic is the infliction of average harm to health as a result of a road accident, and if the victim was right in this incident, then the direct culprit of the accident is responsible for average harm.

At the same time, the behavior of the person who caused the accident can be considered unintentional, since he clearly did not want to get into such a situation and also risked his life, and could even die.

Features of judicial practice in the field of average harm to health

Special punishment for causing harm to the health of a minor

The study of the subjective side of the crime allows us to conclude that this kind of crime in the vast majority of cases is committed in the presence of a certain intent.

This gives rise to a logical question about what to do in the absence of intent, for example, in the event of a road accident or one or another accident.

The most interesting examples from domestic judicial practice in recent years show that human relationships and their consequences can reach the point of absurdity, and on his birthday, the boss shook his hand so hard when congratulating him that everything ended in a turning point.

Systematic average injuries, although not life-threatening, can lead to very serious troubles over time.

Article 112 of the Criminal Code does not provide for serious punishments for such acts, since even if a citizen serves a long term, he will not really understand the purpose of his correction, and, upon release, will continue to cause harm. So in a huge number of cases, the offender is given only a suspended sentence.

Therefore, in any case, you should monitor your actions, try to resolve conflict situations peacefully, find compromises, and then you will not have to deal with such a thing as average bodily harm.

Thematic video material will familiarize you with the issue of harm to health in more detail: